IMPORTANT POINT
The court affirmed that the issuance of a No Objection Certificate is a matter of employer discretion, particularly in the context of public interest and institutional needs.

JUDGMENT :

Manoj Kumar Tiwari, J.

Petitioner is serving as Assistant Professor (Community Medicine) in Government Medical College, Haldwani. Institute of Medical Sciences, Banaras Hindu University at Varanasi issued an advertisement inviting applications for appointment to various faculty positions.

2. Since petitioner was desirous of applying pursuant to the said advertisement, therefore, he made an application to the Secretary, Medical Education, Government of Uttarakhand for issuance of ‘No Objection Certificate’, which was forwarded by Principal of Government Medical College to Director, Medical Education. Petitioner’s application was returned by the Director asking the Principal of the Medical College to take decision as per Government Order dated 27.08.2020.

3. By means of this writ petition, petitioner has sought the following reliefs:-

“(i) issue a writ, order or direction in the nature certiorari, quashing the impugned government order no. 712/XXVIII (5)/2020-12 (general)/2020 dated 27-8-2020 issued by respondent no. 1 (Annexure No. 1) to this writ petition).

(ii) issue a writ, order or direction in the nature of mandamus, commanding/directing respondents, more particularly, to the respondent no. 1 to provide no objection certificate to the petitioner for attending the interview to be held on 19/20-6-2024 at I.M.S. Banaras Hindu University for the post of Assistant Professor (Community Medicine).”

4. The impugned Government Order dated 27.08.2020 is on record as Annexure-1 to the writ petition. It refers to the proposal submitted by Director, Medical Education for grant of No Objection Certificate (NOC) to teachers of Government Medical Colleges. In para 2 of the said Government Order, it is stated that NOC to teacher of Government Medical Colleges shall be issued by the Principal, if he has applied for appointment in some other Government Medical College within the State. It is mentioned that existing Government Medical Colleges are facing shortage of teachers, and many more colleges are going to be opened by the Government in future, therefore, due to scarcity of qualified persons for appointment to faculty positions, the request for NOC by existing faculty members for seeking employment outside the State may not be forwarded to the State Government.

5. Learned counsel for the petitioner contends that the condition put by the impugned Government Order that NOC would be given only when a teacher applies for appointment in a Government College within the State, is arbitrary and illegal. He submits that all Medical Colleges form a homogeneous class, therefore, artificial classification made by the impugned Government Order between Government Medical Colleges within State of Uttarakhand vis-a-vis other Medical Colleges is unsustainable and the Government Order deserves to be set aside.

6. Per contra, learned State Counsel submits that challenge to the condition mentioned in Government Order dated 27.08.2020 is without substance. He submits that NOC for seeking employment elsewhere cannot be claimed as of right by an employee and every employer has the right to turn down the request for NOC, if situation so warrants. He submits that freedom of choice available to an employee is not restricted by the impugned Government Order for seeking employment elsewhere, however, employer cannot be compelled to issue NOC to his employee in these matters. He contends that grant of NOC is the sole prerogative of an employer, and if he finds an individual to be indispensable for the institution, then he can turn down the request for NOC without violating any law.

7. This Court finds substance in the submission made by Learned State Counsel. Uttarakhand is a hill State and the Government Medical Colleges within the State are facing scarcity of faculty members. National Medical Commission, which is the regulatory body in the field of Medical Education, has laid down minimum standards regarding strength of faculty members in Medical Colleges and if